<h2>Name</h2>

<em>At-Talaq</em> is not only the name of this Surah but also the title of its
subject matter, for it contains commandments about <em>Talaq</em> (divorce)
itself. Hadrat `Abdullah bin Mas`ud has described it as <em>Surah an-Nisa al-qusra</em> also, i.e. the shorter Surah an-Nisa.
</p>
<h2>Period of Revelation</h2>
<p>
Hadrat Abdullah bin Masud has Pointed out, and the internal evidence
of the subject matter of the Surah confirms the same, that it must have
been sent down after those verses of surah Al-Baqarah in which commandments concerning divorce were given for the first time. Although
it is difficult to determine precisely what is its exact date of
revelation, yet the traditions in any case indicate that when the
people started making errors in understanding the commandments of Surah
Al-Baqarah, and practically also they began to commit mistakes, Allah
sent down these instructions for their correction.
</p>
<h2>Theme and Subject Matter</h2>
<p>
In order to understand the commandments of this Surah, it would be
useful to refresh one's memory about the instructions which have been
given in the Qur'an concerning divorce and the waiting period (<em>Iddat</em>)
above. 
</p>
<p>
"Divorce may be pronounced twice; then the wife may either be
kept back in fairness or allowed to separate in fairness." (Al Baqarah
229) 
</p>
<p>
"And the divorced women (after the pronouncement of the divorce)
must wait for three monthly courses... and their husbands are fully
entitled to take them back (as their wives) during this waiting period,
if they desire reconciliation." (Al Baqarah 228) 
</p>
<p>
"Then, if the husband
divorces his wife (for the third time), she shall not remain lawful
for him after this divorce, unless she marries another husband..."
(Al-Baqarah : 230) 
</p>
<p>
"When you marry the believing women, and then
divorce them before you have touched them, they do not have to fulfill
a waiting period, the completion of which you may demand of them."
(Al-Ahzab : 49) 
</p>
<p>
"And if those of you who die, leave wives behind, the
women should abstain (from marriage) for four months and ten days."
(Al-Baqarah 234) 
</p>
<p>
The rules prescribed in these verses were as follows:
</p>
<OL>
<p>
<LI> A man can pronounce at the most three divorces on his wife. 
</p>
<p>
<LI> In
case the husband has pronounced one or two divorces he is entitled to
keep the woman back as wife within the waiting period and if after the
expiry of the waiting period the two desire to re-marry, they can re-
marry there is no condition of legalization (<em>tahlil</em>). But if the
husband has pronounced three divorces, he forfeits his right to keep
her as his wife within the waiting. period, and they cannot re-marry
unless the woman re-marries another husband and he subsequently
divorces her of his own free will. 
</p>
<p>
<LI> The waiting period of the woman,
who menstruates and marriage with whom has been consummated, is that
she should pass three monthly courses. The waiting period in case of
one or two divorces is that the woman is still the legal wife of the
husband and he can keep her back as his wife within the waiting period.
But if the husband has pronounced three divorces, this waiting period
cannot be taken advantage of for the purpose of reconciliation, but it
is only meant to restrain the woman from re-marrying another person
before it comes to an end. 
</p>
<p>
<LI> There is no waiting. period for the
woman, marriage with whom has not been consummated, and who is divorced
even before she is touched. She can re-marry, if she likes,
immediately after the divorce. 
</p>
<p>
<LI> The waiting period of the woman
whose husband dies, is four months and ten days. 
</p>
</OL>
<p>
Here, one should
understand well that Surah At- Talaq was not sent down to annul any of
these rules or amend it, but it was sent down for two purposes; 
</p>
<p>
First,
that the man who has been given the right to pronounce divorce should
be taught such judicious methods of using this right as do not lead to
separation, as far as possible however, if separation does take place,
it should only be in case all possibilities of mutual reconciliation
have been exhausted. For in the Divine Law provision for divorce has
been made only as an unavoidable necessity; otherwise Allah does not
approve that the marriage relationship that has been established
between a man and a woman should ever break. The Holy Prophet (upon
whom be Allah's peace) has said "Allah has not made lawful anything
more hateful in His sight than divorce." (Abu Daud). And: "Of all the
things permitted by the Law, the most hateful in the sight of Allah is
the divorce, (Abu Daud) 
</p>
<p>
The second object was to complement this
section of the family law of Islam by supplying answers to the
questions that had remained after the revelation of the commandments
in Surah Al-Baqarah. So, answers have been supplied to the following
questions:What would be the waiting period of the women, marriage with
whom has been consummated and who no longer menstruate, or those who
have not yet menstruated, in case they are divorced?What would be the
waiting period of the woman, who is pregnant, or the woman whose
husband dies, if she is divorced?And what arrangements would be made
for the maintenance and lodging of the different categories of
divorced women, and for the fosterage of the child whose parents have
separated on account of a divorce?
</p>

